France, 1967 - Revision history

HCargill: cleaned up page.

2008-07-09T18:58:10Z

cleaned up page.

← Older revision		Revision as of 18:58, 9 July 2008
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	'''~~This page is currently under construction. Please check back in early July.~~'''		'''Score = 13'''

	'''~~Score = 13~~'''		'''Governed by:'''

	~~''Governed by:~~'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>~~, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835 of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend~~ Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref> (henceforth, modified ~~ordinance~~ 45-1485 will be referred to as "the statute.")		''Article 419 of the Penal Code''<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>

			''Ordonnance 45-1485 of June 30, 1945,'' as modified by:<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref>
			* Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953.
			* Law No. 63-628 of July 2, 1963,
			* Ordonnance No. 67-835 of Sept. 28, 1967
			''(henceforth, modified ordonnance 45-1485 will be referred to as "the statute.")''
	{\| class="wikitable"		{\| class="wikitable"
	\|-		\|-
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''</ref>Art. 40 of the statute also permits fines.		\| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''at 578 note 1.</ref> Art. 40 of the statute also permits fines.

	\|-		\|-
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref> Art. 40 of the statute also permits ~~fines~~.		\| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref> Art. 40 of the statute also permits prison sentences.

	\|-		\|-
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Penal Code Article 419 violations.<ref>''Blake,'' supra note 1, at 117</ref><ref>This does not apply to Decree 53-704 or Ord. 45-1483.''Id.'' at 295.</ref>		\| The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Penal Code Article 419 violations.<ref>''Blake,'' supra note 2, at 117</ref><ref>This does not apply to Decree 53-704 or Ord. 45-1483.'' Id.'' at 295.</ref>

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HCargill at 19:49, 27 June 2008

2008-06-27T19:49:58Z

← Older revision		Revision as of 19:49, 27 June 2008
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	'''This page is currently under construction. Please check back in early July.'''		'''This page is currently under construction. Please check back in early July.'''

	'''Score = 12'''		'''Score = 13'''

	''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835 of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref> (henceforth, modified ordinance 45-1485 will be referred to as "the statute.")		''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835 of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref> (henceforth, modified ordinance 45-1485 will be referred to as "the statute.")
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''</ref>Art. 40 of the ~~competition law~~ also permits fines.		\| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''</ref>Art. 40 of the statute also permits fines.

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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref> Art. 40 of the ~~competition law~~ also permits fines.		\| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref> Art. 40 of the statute also permits fines.

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	\|		\|
	\| Efficiency Defense		\| Efficiency Defense
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	\|		\| Article 59 ter of the statute provides a defense for otherwise prohibited abuses of dominance if they increase productivity.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Market Division		\| Market Division
	\| 1		\| 1
	\| Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Rosenfeld,'' supra note 2, at 590.</ref>		\| Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Rosenfeld,'' supra note 1, at 590.</ref>

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HCargill at 19:43, 27 June 2008

2008-06-27T19:43:16Z

← Older revision		Revision as of 19:43, 27 June 2008
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	'''Score = 12'''		'''Score = 12'''

	''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-~~835of~~ Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref>		''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835 of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref> (henceforth, modified ordinance 45-1485 will be referred to as "the statute.")
	{\| class="wikitable"		{\| class="wikitable"
	\|-		\|-
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''</ref>		\| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''</ref>Art. 40 of the competition law also permits fines.

	\|-		\|-
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	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 1
	\| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref>		\| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref> Art. 40 of the competition law also permits fines.

	\|-		\|-
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Art. 37(1)(a) prohibits any party from refusing to sell to consumers.		\| Art. 37(1)(a) of the statute prohibits any party from refusing to sell to consumers.

	\|-		\|-
	\|		\|
	\| Abusive Acts		\| Abusive Acts
	\| 0		\| 1
	\|		\| Article 59 bis of the statute prohibits actions by a dominant company that interfere with the market.

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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 37(f)(1)(4)prohibits price setting by any party.		\| Article 37(f)(1)(4)of the statute prohibits price setting by any party.

	\|-		\|-
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	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| Art. 37(b) prohibits discriminatory pricing.		\| Art. 37(b)of the statute prohibits discriminatory pricing.

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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| Art. 37(1)(f)(4) prohibits any party from engaging in resale price maintenance.		\| Art. 37(1)(f)(4) of the statute prohibits any party from engaging in resale price maintenance.

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 59 bis prohibits price fixing.		\| Article 59 bis of the statute prohibits price fixing.

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	\| Tying		\| Tying
	\| 1		\| 1
	\| Art. 37(1)(c) prohibits tying.		\| Art. 37(1)(c) of the statute prohibits tying.

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	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| Article 59 ter allows otherwise prohibited practices if they increase efficiency.		\| Article 59 ter of the statute allows otherwise prohibited practices if they increase efficiency.

	\|}		\|}

HCargill at 19:25, 27 June 2008

2008-06-27T19:25:26Z

← Older revision		Revision as of 19:25, 27 June 2008
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	'''Score = 12'''		'''Score = 12'''

	''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21.</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of ~~many~~ of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref>		''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21 (1960).</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of some of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref>
	{\| class="wikitable"		{\| class="wikitable"
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HCargill: inputted 1953 to 1967 - will implement changes later.

2008-06-27T19:23:17Z

inputted 1953 to 1967 - will implement changes later.

New page

'''This page is currently under construction. Please check back in early July.'''

'''Score = 12'''

''Governed by:'' Article 419 of the Penal Code<ref>In force since 1810, Art. 419 was slightly modified in 1926. An English translation is available in Stefan A. Rosenfeld, ''The Legal Protection of Competition in France,'' 48 Cal. L. Rev 574, 578 n.21.</ref>, Law No. 63-628 of July 2, 1963, Ordonnance No. 67-835of Sept. 28, 1967, and Decrees No. 58-545 of June 24, 1958, and 53-704 of August 9, 1953. The decrees amend Ordonnance 45-1485 of June 30, 1945.<ref>''Business Regulation in the Common Market Nations,'' (Harlan M. Blake, ed., 1969), at 105-126.</ref><ref>''Id.'' at 338-348 (containing English translations of many of the statutory provisions)</ref><ref>''Rosenfeld,'' supra note 1, at 580-95. '''pp. 593-95 contain an English translation of many of the relevant portions of the statute.''' The full text of the statute is unavailable.</ref>
{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 0
|

|- class="categorydivision"
| Remedies
| Fines
| 1
| Art. 419 of the Penal Code permits fines for price manipulation.<ref>''Id.''</ref>

|-
|
| Prison Sentences
| 1
| Art. 419 of the Penal Code permits prison sentences for price manipulation.<ref>''Id.''</ref>

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| The French Code of Criminal Procedure allows private parties to initiate criminal proceedings in limited circumstances, including Penal Code Article 419 violations.<ref>''Blake,'' supra note 1, at 117</ref><ref>This does not apply to Decree 53-704 or Ord. 45-1483.''Id.'' at 295.</ref>

|-
|
| Remedies Available to 3rd Parties
|1
|The French Code of Criminal Procedure allows private parties injured by crimes, including Art. 419 violations, to press civil actions. <ref>current provision, Article 2 of the Code (Ordinance no. 58-1296 of 23 December 1958) available in English from Legifrance at http://195.83.177.9/code/liste.phtml?lang=uk&c=34&r=3884 </ref>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
| The law does not address mergers.

|-
|
| Mandatory
| 0
|

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 0
|

|-
|
| Restriction of Competition
| 0
|

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Art. 37(1)(a) prohibits any party from refusing to sell to consumers.

|-
|
| Abusive Acts
| 0
|

|-
|
| Price Setting
| 1
| Article 37(f)(1)(4)prohibits price setting by any party.

|-
|
| Discriminatory Pricing
| 1
| Art. 37(b) prohibits discriminatory pricing.

|-
|
| Resale Price Maintenance
| 1
| Art. 37(1)(f)(4) prohibits any party from engaging in resale price maintenance.

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
|
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 59 bis prohibits price fixing.

|-
|
| Tying
| 1
| Art. 37(1)(c) prohibits tying.

|-
|
| Market Division
| 1
| Circular 65 of March 31, 1954 states that banned practices include segmenting the market by geography.<ref>''Rosenfeld,'' supra note 2, at 590.</ref>

|-
|
| Output Restraint
| 1
| Circular 65 of March 31, 1954 states that banned practices include output restraint.<ref>''Id.''</ref>

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 1
| Article 59 ter allows otherwise prohibited practices if they increase efficiency.

|}

== References ==
<references />